Do I have any rights to see my grandchild?
Our grandparents often play a key role in our upbringing and provide vital support for our parents. Although this is recognised, culturally, there is no special right or automatic right in law for a grandparent to see or spend time with their grandchild.
Separation or divorce can be difficult on everyone involved, from the parties themselves, their children, and their families. This difficulty is often exacerbated where there is conflict over a child. Where a relationship has broken down, grandparents can miss out on spending time with their grandchildren, but unlike options available to a parents, a grandparent does not have an automatic right to spend time with their grandchild, and often their desire to do so gets lost amid the conflict of the relationship breakdown.
Where grandparents have a good relationship with their own child, these worries can often be allayed by a simple conversation, but there is an added layer of complication where this relationship is not so amicable.
Although there is no automatic right for a grandparent to see their grandchild, it is possible to come to an agreement by way of mutual agreement or through mediation, and a a solicitor can also assist in such discussions and negotiations. If this is not possible, an application can be made to the court under the Children Act 1989 for permission for a grandparent to apply for a Child Arrangement Order. A Child Arrangement Order sets out, in legally binding terms, where a child lives and when and whom the child will spend time.
Once an application has been made, the court must assess whether the applicant grandparent be granted permission to apply for a Child Arrangement Order; the court will usually list a hearing and invite all those parties with parental responsibility to attend (usually one or both parents). The court will carefully consider the application, including the grandparent’s connection with the child; the nature of their application; what is being proposed; any objections from the parents; and whether granting the application and the grandparents then having contact with the child, could be harmful to the child, or may have a detrimental impact on the child’s relationship with their own parents, or wider family.
If successful, the application process for a child arrangement order is similar to that of a parent and the court would apply the same principles, namely what is in the best interests of that child? The court will only make an order where they consider that it would be better than making no order at all, essentially that the child having contact with their grandparent is better than not, taking into account all the circumstances.
If you are a grandparent who is being obstructed from spending time with your grandchild and would like to discuss this with a member of our family law team, please give us a call us on 01608 656590.